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On November 11, 2018, the Koran Fair Trade Commission (the “KFTC”) submitted an amendment of the Monopoly Regulation and Fair Trade Act (the “MRFTA”) to the National Assembly introducing an injunctive relief. If the submitted amendment is enacted, the MRFTA will have injunctive relief along with compensation for damages and treble damages thereby providing a complete private enforcement system.

In this regard, this paper questions whether the injunctive relief is possible under the Civil Procedure Act(I), and if so, on what grounds it will be granted in cases of preliminary or final injunction claims for the violation of the MRFTA(II). Moreover, this paper addresses the subject of a claim, opposing party, illegal acts, elements, and factors to constitute unlawful actions, the content and the general procedure regarding the significance and profound meaning of the injunctive relief (III). Lastly, the conclusion will be drawn (IV).

The injunction is a legal remedy that authorizes any person to seek an enterprise to refrain from doing certain actions against threatened loss or damage caused by a violation of the antitrust laws. It may request a prohibitory or preventive injunction of infringement against any person who conducts or intends to conduct an act of unfair competition or a violation of the MRFTA. The scope of the prohibitory or preventive injunction is broad to reach the extent necessary for the victim. Hence, this allows any person to file for the injunction not only in cases where there is continuing infringement but in cases where the infringements are likely to occur in the future notwithstanding the fact it’s terminated.

Unlike claims for damages, injunctive relief is most likely to be claimed when the KFTC fails to rectify violations through corrective actions, not expected to have appropriate measures, and not pursued within a statutory period of time. As a result, stand-alone actions, which are relatively rare compared to follow-on actions, can be revitalized in the case of unfair competitions. Accordingly, the injunction in cases of unfair competition is an adequate and effective enforcement strategy to fight unfair competitions.